Resolution 9353 RESOLUTION NO. 9353
WHEREAS, the City of Miami Beach on April 23, 1953
instituted condemnation proceedings against Lots 4-5-6-7 of
Fisher ' s First Subdivision of Alton Beach for the acquisition
of the fee simple title thereto for public offstreet parking
purposes , and
WHEREAS, a portion of said land was thereafter
rezoned to business uses, by Court decree, thereby rendering
the acquisition of said land impracticable, and
WHEREAS, in consequence, the City of Miami Beach
dismissed said condemnation proceedings, and
WHEREAS, thereafter on October 11, 1955, the
Dade County Circuit Court, upon the application of the owners
and lessees of said property, entered judgment against the
City and for said owners and lessees for attorneys ' fees and
court costs expended in defense of said condemnation proceedings,
and
WHEREAS, Midcentury Corp. , one of the defendants in
said condemnation proceedings, was awarded judgment in the
sum of $1 ,500.00 for its reasonable attorneys ' fees so incurred,
and
WHEREAS, said judgment is being appealed to the
Supreme Court by one of the defendants in said condemnation
proceeding, and said cause is now pending, and
WHEREAS, in addition, said Midcentury Corp. has
instituted, and there is now pending in the Dade County
Circuit Court, action by mandamus for the payment of said
judgment in its favor, and
WHEREAS, said Midcentury Corp . has now offered to
compromise and settle said judgment for $1,500.00, for the
sum of $750.00, and
WHEREAS, the City Council of the City of Miami Beach
deems it to be for the best interests of said City to accept
said offer of compromise and settlement,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, that said offer of
settlement and compromise be and the same is hereby accepted,
and that upon the delivery to the City Attorney of an
appropriate Satisfaction of Judgment duly executed by said
Midcentury Corp . , or by its duly authorized attorneys, the
proper City officials be and they are hereby authorized and
directed to make payment of said sum of $750.00 in full
satisfaction of said Judgment .
PASSED and ADOPTED this 7th day of November , A.D. 1956.
7-21" 2----(2- —
ayor
Attest:
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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